Petitioner Kore Gattaiah joined in service of the respondents Company as worker trainee on 24.1.1977. He claims that he was aged 25 years as on the date of his joining in service. He was promoted as Coal Filler and further promoted as General Mazdoor, Charger of Safety Lamps and Lamp Room Assistant. He was sent for medical examination by the respondents Company in January, 2008. According to him, the Apex Medical Board unilaterally determined his age as 59 years as on 24.1.2008 and notified his date of retirement as 31.1.2009. He made representation 8.11.2008 raising objections for determination of his age as 59 years as on 24.1.2008. The General Manager, Singareni Collieries Company Limited, Kalyani Khani Post-2nd respondent by proceedings dated 26.11.2008 rejected the objections. It is his contention that he was aged 25 years as on the date of his joining service and therefore, he was entitled to be continued in service upto 2012. He filed the writ petition challenging the proceeding No.MMR/PER/S/171/08/5965, dated 26.11.2008, issued by the 2nd respondent as illegal and arbitrary.

2. Rule Nisi came to be issued on 28.12.2008.

3. The respondents filed counter affidavit stati